2017-4084 OrdinanceLiquor Store Exterior Appearance — Minimum Design Standards
ORDINANCE NO. 2017 -4084
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV " SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION
3, "SUPPLEMENTARY USE REGULATIONS," BY CREATING SECTION 142 - 1112,
"PACKAGE LIQUOR STORE DESIGN STANDARDS "; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, retail stores for off - premises consumption in Miami Beach have been
historically concentrated in the commercial and mixed -use entertainment districts along
Washington Avenue, Collins Avenue, Alton Road and Ocean Drive; and
WHEREAS, the City Code allows certain uses within commercial districts, which,
absent mitigation, could be incompatible with dense urban landscape of the community; and
WHEREAS, it is in the best interest of the City to develop and enforce minimum
design standards relating to the appearance of package liquor stores, city wide in order to
further protect and enhance the general health, safety and welfare of the community; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary District
Regulations," Division 3, "Supplementary Use Regulations," Is Amended as follows:
Sec. 142 -1112. - Package Liquor Store Design Standards.
(a) No more than 35% of the square footage of storefront windows and doors may contain
the display of alcoholic beverage products and the container size of said products shall
be no smaller than a standard "fifth of liquor" size bottle.
(b) Notwithstanding the regulations in Chapter 138, no more than 2% of storefront windows
may be covered with alcoholic beverage products.
(c) Subject to the approval of the Historic Preservation or Design Review Board, as
applicable, art display walls may be proposed. The proposed display areas in any
storefront windows facing a street or sidewalk shall only contain artwork; retail
merchandise or signage shall not be displayed at any time in conjunction with artwork
display.
(d) Prior to the issuance of a building permit, change of use or business tax receipt (BTR)
for a package store, an interior floor plan, prepared by a registered architect, shall be
submitted to and approved by the planning director or designee; such interior floor plan
shall contain the following minimum standards:
(1) No stacking of boxes within 10' -0" of the storefront.
(2) No shelving within 10' -0" of the storefront.
(3) The interior layout of the cashier and check -out counter shall be located a minimum
distance of 10' -0" from all storefront glass and the main entrance,
(4) One 10 square foot table display or case display may be located up to 5' -0' from the
storefront glass.
(5) No ATM, currency service, lottery, check cashing services, or other ancillary use
siqnage shall be permitted.
(6) All coolers and or refrigerated cases shall be located a minimum of 20 feet from any
storefront glass.
The approved interior -floor plan- shall -be binding on the- space- for -as- long -as- the - package
store is in operation.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re- numbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this o26 day of ape' , 2
Philip Levine
Mayor
Rafael E. Granado
City Clerk
1'6
PPROVED AS TO
RM & LANGUA . E
FOR XECUTI
First Reading: March 1, 2017
Second Reading: April 26, 2s., 7
Verified By:
CI Attorney
Thomas R. Mooney, ,r CP
Planning Director
T:\AGENDA \2017 \3 - March \Planning \Package Store Appeareance - First Reading ORD.docx
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Date
MIAM
BEACH
Ordinances - R5 D
COMMISSION - MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
10:15 a.m. Second Reading Public Hearing
SUBJECT: LIQUOR STORE EXTERIOR APPEARANCE — MINIMUM DESIGN
STANDARDS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 3, "SUPPLEMENTARY USE
REGULATIONS," BY CREATING SECTION 142 -1112, "PACKAGE LIQUOR
STORE DESIGN STANDARDS "; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On September 14, 2016, the City Commission referred this item to the Land Use and Development
Committee (Item R5R). On September 21, 2016, the item was discussed and continued to a date
certain of November 16, 2016. On November 16, 2016 the Land Use Committee discussed the item
and recommended that the City Commission refer the attached ordinance to the Planning Board for
consideration.
On December 14, 2016, the City Commission referred the item to the Planning Board (Item C4 G).
The item is sponsored by Vice -Mayor Joy Malakoff & co- sponsored by Commissioner Ricky Arriola.
PLANNING ANALYSIS
The proposed ordinance establishes minimum design standards for package liquor stores as
follows:
• No more than 35% of the square footage of storefront windows and doors may
contain the display of alcoholic beverage products and the container size of said products
shall be no smaller than a standard "fifth of liquor" size bottle. Currently there is no limit on
the amount of storefront that can be used for display.
• Notwithstanding the regulations in Chapter 138, no more than 2% of storefront
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windows may be covered with alcoholic beverage products. Currently there is no limit on
the amount of storefront that can be used for display.
• Subject to the approval of the Historic Preservation or Design Review Board, as
applicable, art display walls may be proposed. The proposed display areas in any
storefront windows facing a street or sidewalk shall only contain artwork; retail
merchandise or signage shall not be displayed at any time in conjunction with artwork
display.
Additionally, prior to the issuance of a building permit, change of use or business tax receipt (BTR)
for a package store, an interior floor plan, prepared by a registered architect, must be submitted and
adhere to the following minimum standards for the interior layout and signage for accessory uses
within liquor stores:
(1) No stacking of boxes within 10' -0" of the storefront.
(2) No shelving within 10' -0 " of the storefront.
(3) The interior layout of the cashier and check -out counter shall be located a minimum
distance of 10' -0" from all storefront glass and the main entrance.
(4) One 10 square foot table display or case display may be located up to 5' -0' from the
storefront glass.
(5) No ATM, currency service, lottery, check cashing services, or other ancillary use
signage shall be permitted.
(6) All coolers and or refrigerated cases shall be located a minimum of 20 feet from any
storefront glass.
The proposed amendment will improve the aesthetic quality of package liquor stores, as well as
enhance the quality and appeal of the City's commercial districts.
PLANNING BOARD REVIEW
On January 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission, with a favorable recommendation. The Planning Board also requested that the
City explore the feasibility of making the standards in the proposed ordinance retroactive.
SUMMARY/ UPDATE
The subject ordinance was approved at First Reading on March 1, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Page 794 of 1 596
Sponsor
Commissioner Joy Malakoff & Co- sponsored by Commissioner Ricky Arrio la
ATTACHMENTS:
Description- - - - - -- -
a Form Approved Ordinance
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